Part 1Serious Crime Prevention Orders

F1Electronic monitoring requirements

5BElectronic monitoring requirements

(1)

A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order.

(2)

A requirement imposed under subsection (1) is referred to in this Part as an “electronic monitoring requirement”.

(3)

A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.

(4)

The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.

(5)

Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)—

(a)

submit, as required from time to time by the responsible person, to—

(i)

being fitted with, or the installation of, any necessary apparatus, and

(ii)

the inspection or repair of any apparatus fitted or installed for the purpose of the monitoring;

(b)

not interfere with, or with the working of, any apparatus fitted or installed for the purpose of the monitoring;

(c)

take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring.

These obligations have effect as requirements of the order.

(6)

A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).